Bare Act
Chapter VI MISCELLANEOUS
Chapter VI MISCELLANEOUS
42. Reports
The Board shall, on such, date and in such form and at such intervals as may be prescribed, submit to the Government a report on such matters as may be required and the Government shall cause such report to be published in the official Gazette and every such report shall be laid before the House of the State Legislature as soon as may be after it is published.
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43. Other Statements and returns.
The Board shall submit to the Government such statistics, returns, particulars, statements; documents or papers in regard to any proposed or existing scheme or relating to any matter or proceedings connected with the working of the Board at such times and in such forms and manner as may be prescribed or as the Government may, from time to time, direct.
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44. Power of entry
1"The Chairman, the Vice-Chairman " or any person, either generally or specially authorised by the Chairman in this behalf, may enter upon the Boards own land or in any land with prior consent of its owner or person in occupation of the land, in order to-
- (a) make any inspection, survey, measurement, valuation or enquiry.
- (b) cut, dig or bore into sub-soils;
- (c) set boundaries and intended lines or work;
- (d) do any other think for any of the purposes of Housing Scheme under this Act; Provided that-
- (a) no such entry shall be make between sunset and sunrise;
- (b) sufficient notice shall be given for any entry;
- (c) no dwelling house and no public building which is used as a dwelling place shall be so entered except with the consent of the occupier thereof, and without giving the said occupier atleast twenty-four hours previous written notice of the intention to make such entry;
- (d) due regard shall be given, so far as may be compatible with the exigencies of the purposes for which the entry is made, to the social and religious usages of the occupants of the premises entered.
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45. Valuation of assets and liabilities of the Board.
The Board shall at the end of every five years, make a valuation of its assets and liabilities and may appoint a person approved by the Government for this purpose; Provided that the Government may direct a valuation to be made at any time it may consider necessary.
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46. Power of the Board to construct buildings.
Notwithstanding anything contained in this Act, the board may undertake construction of buildings on behalf of the Government, a Local Authority, District Council or a Corporation or Undertaking owned or controlled by the Government or a Cooperative Society registered under the Meghalaya Co-operative Societies Act, subject to such terms and conditions as may be agreed upon in pursuance of a contract.
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47. Government’s power to give direction to the Board.
The Government may give the Board such directions as in its opinion are necessary or expedient to carry out the purposes of this Act and the Board shall comply with such directions.
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48. Power to order enquiries.
- (1) The Government with a view to satisfy itself that the powers and duties of the Board are being exercised and performed properly may, at any time, appoint any person or persons to make enquiries into all or any of the activities of the Board and to report to the Government the result of such enquiries.
- (2) The Board shall give to the persons so appointed all facilities for the proper conduct of enquiries and shall produce before the person or persons all documents, books of account and other information in the possession of the board which such person or persons may call for the purposes of the enquiries.
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49. Default in performance of duties and supersession.
- (1) If the Government is satisfied that the Board has defaulted in performing any duty imposed on it by or under this Act, it may fix a period for the performance of that duty.
- (2) If in the opinion of the Government the Board fails or neglects to perform such duty within the period so fixed it shall be lawful for the Government to supersede and reconstitute the Board in the prescribed manner.
- (3) On supersession of the Board and until it is re-constituted the powers, duties and functions of the Board shall be carried out by the Government or by such Officer or Officers as it may appoint for this purpose.
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50. Dissolution of the Board.
- (1) The Government, if it is satisfied that in public interest it is necessary so to do, may, by notification in the Official Gazette, dissolve the Board with effect from such date as it may specify and the Board shall stand dissolved accordingly.
- (2) On the dissolution of the Board under sub-section (1)-
- (a) all properties, funds, interests and rights which vest in the board shall vest in the Government; and
- (b) all liabilities enforceable against the board shall be enforceable against the Government.
- (3) Nothing in this section shall effect the liability of the Government in respect of loans or debentures guaranteed under Section 37.
- (4) Every notification made under sub-section (1) shall be laid before the House of the State Legislature as soon as may be.
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51. Act not to contravene Meghalaya Act I of 1971.
No land or building or any interest therein vested in the Board or in any person under the provisions of this Act or under the Rules, Regulations or Bye-Laws made thereunder shall be leased out, sold, exchanged or otherwise transferred by the Board or by such person in contravention of the Meghalaya Transfer of Land (Regulation) Act, 1971 as amended.
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52. Power to make rules.
- (1) The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
- (2) In particular and without prejudice to the generality of the foregoing power, such Rules may be made for all or any of the following matters, namely:-
- (a) the allowances of members and remuneration and conditions of service of the Chairman;
- (b) the manner and form in which contracts shall be entered into;
- (c) application forms and particulars of housing schemes and terms and conditions for grant of loan under housing scheme;
- (d) the manner of publication of housing schemes included in the Budget;
- (e) the forms of notices under Sections 29 and 30;
- (f) the procedure to be followed in taking possession of any board premises under Section 29;
- (g) the manner in which assessment may be made under Section 30;
- (h) the manner in which appeals may be preferred under Section 31;
- (i) the conditions subject to which the Board may borrow any sum under Section 36;
- (j) the manner of preparation, maintenance and publications of accounts under Section 40;
- (k) submission of reports, returns, etc., under Sections 42 and 43;
- (l) the manner in which the Board shall be superseded and reconstituted under Section 49; (m)qualification and other conditions of service of the Housing Commissioner and other officers of the Board whose appointment needs prior approval of the Government;
- (n) any other matter which is or may be prescribed under this Act.
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53. Power to make Regulations.
The Board may, from time to time with the previous sanction of the Government, make regulations consistent with this Act and the rules made thereunder-
- (a) for the management, allotment and use of the buildings tenements, hutments and premises constructed under a housing scheme;
- (b) for the remuneration and conditions of service of the officers and employees appointed by the Board.
- (c) for delegation of financial powers to 1"the Chairman, the Vice-Chairman " and the Housing Commissioner and other officers;
- (d) for regulating the procedure of disposal of its business.
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54. Power to make Byelaws.
- (1) The Board may make bye-laws not inconsistent with this Act and the Rules and Regulations framed thereunder, which may be necessary or expedient for the purposes of carrying out its duties and functions.
- (2) A bye-law made under this Section may provide that a contravention thereof shall be an offence.
- (3) No bye-law made by the Board shall come into force until it has been confirmed by the Government.
- (4) All bye-laws made under this section shall be published in the Official Gazette.
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55. Penalty for contravention of a bye law.
Whoever contravenes a bye-laws made under Section 54 shall, on conviction, be punished with imprisonment for a term which may extend up to two months or with a fine which may extend up to five hundred rupees or with both.
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56. Authority for prosecution.
No Court shall take cognizance of any offence punishable order this Act, except on a complaint from the Board or a person authorised by the Board by general or special order in this behalf.
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57. Members Officers and employees of to be public servants.
All members, officers and employees of the Board when acting or purporting to act in pursuance of any of the provisions of this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.
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58. Protection of action taken under the Act.
No suit, prosecution or other legal proceedings shall lie against the board, the Government or any person for anything which is in good faith done or intended to be done under this Act.
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59. Penalty for obstructing exercise of powers.
Any person who obstructs the lawful exercise of any power conferred by or under Chapters III, IV and V of this Act, shall, on conviction, be punished with a fine not exceeding five hundred rupees or with imprisonment for a term not exceeding two months or with both.
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60. Repeal of Ordinance 1 of 1960.
The Meghalaya State Housing Board Ordinance, 1986 is hereby repealed.
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